PA pe DEPART 4, x “4, Rick Scott . if SB @/e state of Florida Governor a 2 Department of Children and Families %, e Esther Jacobo time Interim Secretary MYEFLFAMILIES.COM William S. D'Aluto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No. 7013 0600 0001 8073 6796 Sy, oF gx To: The Early Years Child Development Center on, “in, & Attention: Ashlee Jackson “k, <> 5100 US Highway 98 North Suite 10 7 Gis Lakeland, Florida 33809 cn a ADMINISTRATIVE COMPLAINT Coy, YOU ARE HEREBY NOTIFIED the Department is proposing to impose administrative fines totaling $425.00. The Department’s authority and grounds to impose these fines are explained below. 1. The Department of Children and Families is authorized -by section 402.340, Florida Statutes, to sanction The Early Years Child Development Center for violations of child care licensing standards ‘in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Faith Without Works, Inc. is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as The Early Years Child Development Center iocated at 5100 US Highway 98 North Suite 10, Lakeland, Florida 33809. The child care facility ~ license is currently an ANNUAL license. 3. On October 18, 2013, the Department received a complaint alleging that, on the same date, children had been left in the facility's van without adult supervision and while the engine was still running. At least one of the children had been observed by an employee of the Early Learning Coalition (ELC) to be in the van without any adult present. Two Department employees, a Child Protective Investigator (CP!) and a Child Care Regulations Counselor (CCRC), made an on-site visit to the facility to address the allegafions. The CPI interviewed a four (4) year old child, T.M., who confirmed that he and his one (1) year old sister had been left alone in the van and that he had gotten out of his car seat. According to T.M., the driver had gone inside the facility to get more children. The CPI and CCRC then spoke to the driver who acknowledged that he had, in Central Region @ 200 North Kentucky Avenve@ Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Anvanre Darennal and Pamiie Baenumen weet Benttienn ee fact, left the children in the van while he went inside to drop off lunches and pick up more children. See the attached Exhibit “A” (Inspection Checklist and Complaint Report dated October 18, 2013 and signed by a_ facility representative on December 13, 2013). 4. The foregoing facts violate rule 65 C-22.001(5) (a) and 65C-22.001(6) (f), Florida Administrative Code (F.A.C.). 5. The vioiation described above is a Class | violation of a child care licensing standard, in that such inadequate supervision posed an imminent threat to the children, or could or did result in death or serious harm to the health, safety, or well-being of a child. This is the first violation of this standard. The fine for the October 18, 2013 violation is $250. 6. During this same on-site visit, the CCRC reviewed the driver's personne! file. Although the file contained a Level 2 screening completed by the Polk County School Board in 2010, the file did not contain the required two (2) year employment history check including job titles and duties, as well as confirmed dates of employment. There was also no documentation to show that you had made attempts to obtain the information. As such, the driver's screening was incomplete. 7. The foregoing facts violate rule 65C-22.006(4) (d) 2, Florida Administrative Code (F.A.C). 8. The violation described above is a Class It violation of a child care licensing standard. This is the second violation of this licensing standard within a two (2). year period. Your facility previously violated this standard on July 16, 2012 and was provided technical assistance. Please see the attached Exhibit “B” (Inspection Checklist dated and signed July 16, 2012). The fine for this violation is $50. 9. On July 19, 2013, an on-site visit was made to the facility as a result of a complaint received by the Department on July 18, 2013. Part of the complaint alleged that Department staff was not being provided all employee files when they were requested. While this allegation could not be confirmed or refuted; the CCRC did, as part of the on-site visit, review alll files for current employees. During this review, it was discovered that the personnel file for Desaundra Oldfield did not contain the required Level 2 background screening. The facility was advised that the employee could not return until the required screening had been completed and/or documented. Please see the attached Exhibit “C” (Inspection Checklist and Complaint Report dated-July 19, 2013 and signed by a facility representative on November 4, 2013). 10. The foregoing facts violate rule 65C-22.006 (4)(d)1., Florida Administrative Code (F.A.C) and 435.04 (1), Florida Statue (F-.S.). 11. The violation described above is.a Class ll violation of a child.care licensing standard. This is the second violation of this licensing standard within a two (2) year period. Your facility previously violated this standard on March 19, 2013 and was provided technical assistance. Please see the attached Exhibit “D’ (Inspection Checklist and Complaint Report dated March 19, 2013 and signed by a facility representative on November 4, 2013). The fine for this violation is $50. 12. The Department received a complaint against the facility on June 5, 2013 alleging that a child in care had been struck by a'staff member resulting in a bruise to the child’s right ear. A CPI and CCRC made an on-site visit to the facility on June 7, 2013 to address the allegations. During this on-site visit, the CP! and CCRC observed a iack of direct supervision of the four (4) year old group. Upon the entry of the CP! and CCRC into the four (4) year old classroom, the responsible staff member was in the restroom with one child, leaving his back turned to the other children. The other children were observed to be jumping off of tables and playing with balloons. One of the balloons popped in a child’s mouth and the CPI had to assist the child in removing the balloon pieces from her mouth to avoid a choking hazard. See the attached Exhibit "E” (Inspection Checklist and Compiaint Report dated June 7, 2013 and signed by a facility representative on November 4, 2013). 13. The foregoing facts violate rule 65C-22.001(5) (a), Florida Administrative Code (F.A.C.). 14. The violation described above is a Class II violation of a child care licensing. standard. This is the second violation of this licensing standard within a two (2) year period. Your child care facility previously violated this standard on October 26, 2012 and was provided technical assistance. Please see the attached Exhibit “F” (Complaint Report dated October 26, 2012 and completed January 14, 2013). The fine for this violation Is $50. 15. During a routine inspection conducted on August 14, 2013, it was noted that several electrical sockets in the facility did not have required safety plugs. This constitutes a safety deficiency having a low- potential for harm to the children: in care, Please see the attached Exhibit “G” (Inspection Checklist dated August 14, 2013). 16. The foregoing facts violate rule 65C-22.002(1)(a) and (b), Florida Administrative Code (F.A.C.). 17. The violation described above is a Class III violation of a child care licensing standard. This is the third violation of this licensing standard within a two (2) year period. Your child care facility previously violated this standard on July 19, 2013 and June 7, 2013. Please see the attached Exhibits C (at page1) and E (at page 1). The fine for the August 14, 2013 violation is $25. If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 200 North Kentucky Avenue, Suite 322, Lakeland, Florida 33801. lf you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: Cheryl Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 US HWY 17N Bartow FL 33830 AND Gregory Venz, Esquire Agency Clerk 1317 Winewood Bivd. Bidg. 2, Rm. 204-X Tallahassee, FL 32399-0700 Please note a request for an administrative hearing must comply with section 120.569(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions require a petition for administrative hearing to include: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address. for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; {d) A statement of when and how the petitioner received notice of the agency decisian;. {e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal! or modification of the agency’s proposed action; Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by certified mail return receipt to Ashlee Jackson, % The Early Years Child Development Center located at 5100 US Highway 98 North Suite 10, Lakeland, Florida 33809, thise!7A-day of Decem be. 2013. | Demetri Nail Child Care Regulation Counselor -

Docket for Case No: 14-000605

Orders for Case No: 14-000605